No structure or land shall be used except by conditional use permit for any of the following uses as such are defined and in accordance with the required lot provisions, design and performance standards, and conditions set by the Council.
(A) Adult uses, subject to City Code Ch. 122 Sexually Oriented Businesses.
(B) Bus terminal.
(C) Communication transmission tower and power lines. Subject to the following:
(1) All power transmission lines of 35,000 volts or less shall be placed underground. Lines carrying more than 35,000 volts shall be reviewed to determine the appropriate method of placement.
(2) Above ground lines and overhead towers shall have an easement with a minimum width of 100 feet.
(3) Lines in excess of 35,000 volts and relay towers shall not be located closer than 250 feet from an existing or proposed residential structure, church, school, or public assembly area.
(4) Transmission towers, if permitted, must be on single (monopole) decorative poles painted a neutral color to minimize visibility off-site to the greatest extent possible.
(5) The tower shall meet minimum setback requirements in the I-1 district. If the height of the tower is greater than the setback from the property line, the tower shall be designed and engineered to collapse within the distance between the tower and the property line, with supporting documentation provided by a licensed engineer.
(6) The tower shall not exceed 175 feet in total height (including the extension of any antenna).
(7) Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies.
(8) Towers shall be protected with a corrosive resistant finish.
(9) Signage shall not be allowed on the tower, other than danger or warning signs.
(10) The applicant shall submit proof, from a professional licensed engineer, that the proposed tower cannot be co-located on an existing tower within ½ mile radius due to:
(a) Structural capacity of existing towers with the inability to reinforce, modify or replace the existing structure at a reasonable cost;
(b) Interference that may be caused by placing it on an existing tower;
(c) The height of existing towers are insufficient to function reasonably; or
(d) The applicant is unable to lease space on an existing or approved tower or building, following a good faith effort to do so.
(11) Proof, from a licensed engineer shall be provided that the planned tower will not interfere with existing communications for public safety purposes.
(12) The tower shall be constructed to accommodate antennas being placed at varying heights on the tower.
(13) Existing vegetation on the site shall be preserved to the maximum extent possible.
(14) The tower shall be surrounded by the security fence 6 feet in height with a lockable gate.
(15) All applicable provisions of the City Code and State Building Code, herein adopted, shall be complied with.
(16) Equipment and buildings shall be screened from view by suitable landscaping, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.
(17) All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and the restoration of the site.
(18) The applicant shall submit a plan illustrating anticipated sites for future locations of communication towers and/or communication devices/apparatus.
(19) Wireless telecommunication towers and antennas will only be considered in city parks, within the I-1 District, if the park is of sufficient size and character, the tower location is not near playgrounds and the Park and Recreation Commission has recommended approval to the Planning Commission and City Council.
(D) Business trade school and/or technical school.
(E) Day care facility.
(F) Garden supply store/greenhouse.
(G) Wind generators.
(H) Outdoor storage. Provided the area be no greater than 10% of the size of the building footprint and outdoor storage regulations identified in § 154.167(B) are met.
(I) Research laboratories, investigation, testing or experimentation conducted entirely within an enclosed building
(J) Public sewage disposal plant. Subject to the following:
(1) The site must contain at least 5 acres.
(2) At least 15% of the site must be landscaped.
(3) The site shall not be located within 1,000 feet of any RR, R-l, R-2, R-3, R-4, or R-5 district unless a landscape buffer area measuring at least 50 feet wide is provided consisting of densely planted coniferous and deciduous trees in which case the site may be located within 500 feet of said districts.
(K) Planned unit developments.
(Ord. 2013-05, passed 5-20-2013)